Senate Bill S3293

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3293
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2025
                                ___________
 
 Introduced  by  Sens. COONEY, HINCHEY -- read twice and ordered printed,
   and when printed to be committed to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic  law,  in  relation  to  stretch
   limousine  roll-over  and anti-intrusion protection; and providing for
   the repeal of such provisions upon expiration thereof

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  375 of the vehicle and traffic law is amended by
 adding a new subdivision 58 to read as follows:
   58. STRETCH LIMOUSINE  ANTI-INTRUSION  PROTECTION.  (A)  IT  SHALL  BE
 UNLAWFUL  TO  OPERATE OR CAUSE TO BE OPERATED A STRETCH LIMOUSINE REGIS-
 TERED IN THIS STATE ON ANY PUBLIC HIGHWAY OR PRIVATE ROAD OPEN TO PUBLIC
 MOTOR VEHICLE TRAFFIC UNLESS SUCH VEHICLE  IS  EQUIPPED  WITH  ROLL-OVER
 PROTECTION  DEVICES SUCH AS CAGES OR PILLARS AND ANTI-INTRUSION BARS FOR
 THE PURPOSE OF  PROTECTING  REAR  COMPARTMENT  PASSENGERS,  WHICH  SHALL
 CONFORM TO STANDARDS PRESCRIBED BY THE COMMISSIONER OF TRANSPORTATION IN
 CONSULTATION WITH THE COMMISSIONER.
   (B) FOR THE PURPOSES OF THIS SUBDIVISION:
   (I)  "STRETCH  LIMOUSINE" SHALL MEAN AN ALTERED MOTOR VEHICLE HAVING A
 SEATING CAPACITY OF NINE  OR  MORE  PASSENGERS,  INCLUDING  THE  DRIVER,
 COMMONLY  REFERRED  TO AS A "STRETCH LIMOUSINE" AND WHICH IS USED IN THE
 BUSINESS OF TRANSPORTING PASSENGERS FOR COMPENSATION.
   (II) "STRETCH LIMOUSINE" SHALL EXCLUDE A HISTORICAL MOTOR  VEHICLE  OR
 ANY  OTHER  MOTOR  VEHICLE  WHICH IS OWNED AND OPERATED AS AN EXHIBITION
 PIECE OR COLLECTOR'S ITEM, AND IS USED FOR PARTICIPATION IN CLUB  ACTIV-
 ITIES,  EXHIBITS,  TOURS, PARADES, OCCASIONAL TRANSPORTATION AND SIMILAR
 USES, BUT NOT USED  IN  THE  BUSINESS  OF  TRANSPORTING  PASSENGERS  FOR
 COMPENSATION.
   §  2.  Severability.  If any clause, sentence, subdivision, paragraph,
 section or part of this act be adjudged by any court of competent juris-
 diction to be invalid, or if any federal agency  determines  in  writing
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01122-01-5
              

 S. 3293                             2
 
 that  this act would render New York state ineligible for the receipt of
 federal funds, such judgment or written determination shall not  affect,
 impair or invalidate the remainder thereof, but shall be confined in its
 operation  to  the  clause, sentence, subdivision, paragraph, section or
 part thereof directly involved in the controversy in which such judgment
 or written determination shall have been rendered.
   § 3. This act shall take effect two years after it shall have become a
 law. Provided, however, that this act shall be deemed  repealed  if  any
 federal agency determines in writing that this act would render New York
 state ineligible for the receipt of federal funds or any court of compe-
 tent jurisdiction finally determines that this act would render New York
 state out of compliance with federal law or regulation. The commissioner
 of motor vehicles or the commissioner of transportation shall notify the
 legislative  bill drafting commission upon the occurrence of any federal
 agency determining in writing that this act would render New York  state
 ineligible  for  the  receipt of federal funds or any court of competent
 jurisdiction finally determines that this  act  would  render  New  York
 state out of compliance with federal law or regulation in order that the
 commission  may  maintain  an accurate and timely effective data base of
 the official text of the laws of the state of New York in furtherance of
 effectuating the provisions of section 44 of  the  legislative  law  and
 section  70-b  of  the public officers law.   Effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such effective date.